Geoffrey Gold – Ervin Cohen & Jessup LLP
Category: Dispute Resolution
Square Peg Meet Round Hole – Do Design Defects Breach a Warranty Against Defects in Material or Workmanship?
Jeffrey W. Post – January 27, 2014 In Bruce Martin Constr., Inc. v. CTB, Inc., 735 F.3d 750 (8th Cir. 2013), the Eighth Circuit considered whether a design defect breaches an express warranty against “defects in material or workmanship.” Id. at 753. The product at issue was a system that automated the process of unloading… Continue reading Square Peg Meet Round Hole – Do Design Defects Breach a Warranty Against Defects in Material or Workmanship?
Supreme Court Rules that Courts Must Give Controlling Weight to a Forum Selection Clause by Transferring the Action to the Selected Forum in all but the Most Exceptional Circumstances
David Zaslowsky and Grant Hanessian – January 28, 2014 Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 134 S. Ct. 568 (2013) [click for opinion] Atlantic Marine Construction entered into an agreement with J-Crew Management for a construction project in Texas. The agreement included a forum-selection clause which… Continue reading Supreme Court Rules that Courts Must Give Controlling Weight to a Forum Selection Clause by Transferring the Action to the Selected Forum in all but the Most Exceptional Circumstances
LEED Rating Pops Up In Construction Dispute
Kevin Garrison – Baker Hostetler – January 23, 2014
Architect’s “Final” Decision May Not Be Final
Alan S. Bishop – September 20, 2013 An architect specified as Initial Decision Maker (“IDM”) in an AIA contract wears many hats: independent design professional, owner’s agent on the construction site, and impartial decider of disputes. But is the architect also the judge and jury? The decision in Neighbors Construction Co., Inc. v. Woodland Park at Soldier… Continue reading Architect’s “Final” Decision May Not Be Final